In its judgment, the Court lifted the injunction that had halted the swearing-in of judges elected last year and instructed the COMESA Electoral College to meet again and determine how to properly fill one vacant position on the bench.
The decision effectively paves the way for the Court to resume full operations after months of legal stalemate.
The case was filed by Ethiopian lawyer Tewodros Getachew Tulu, who challenged the integrity of the judicial election process that took place on 21 November 2024, alleging procedural irregularities, bias, and the unlawful reinstatement of a withdrawn candidate from Mauritius.
In its decision, the Court found that the election process “was marred by procedural lapses” and that the withdrawal and subsequent reinstatement of the Mauritian judge-elect were not properly handled according to COMESA’s rules.
“The Court ordered the COMESA Committee of Ministers of Justice and Attorneys General, sitting as an Electoral College, to reconvene within 60 days of the decision of the Court to decide how to fill the vacancy,” the judgment read in part.
“It also issued recommendations to enhance transparency and fairness in future elections of judges to the COMESA Court of Justice.”
The ruling also highlighted administrative errors during the 2024 election, including the failure to notify Ethiopia of the meeting, the mistaken omission of candidate names, and the inclusion of a Burundian nominee whose credentials were submitted late, all of which, the Court noted, undermined the integrity of the process.
The COMESA Committee of Ministers of Justice and Attorneys General held the judicial elections on 21 November 2024 during their meeting in Lusaka, Zambia.
The swearing-in of the newly elected judges was scheduled to begin on 6 June 2025.
